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Jambe Law Journal
Published by Universitas Jambi
ISSN : 25987925     EISSN : 2598795X     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jambe Law Journal is a peer-reviewed journal published by the Faculty of Law Jambi University twice a year in May and November. It aims primarily to facilitate professional discussions over current developments on legal issues in Indonesia as well as to publish innovative legal researches concerning Indonesian laws and legal system, as well as a forum of intensive legal studies in Indonesia. Jambe Law Journal welcomes academics, scholars, university students, and others interested people to contribute the result of their studies and researches in the areas related to law, primarily Indonesian law.
Arjuna Subject : -
Articles 10 Documents
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Search results for , issue "Vol. 7 No. 1 (2024)" : 10 Documents clear
Bridging Global Protocols and Local Wisdom: Innovating Refugee Assistance Through a Harmonized Protection Model Rahman, Malahayati; Rasyid, Laila M.; Sastro, Marlia; Rahmi, Agustia
Jambe Law Journal Vol. 7 No. 1 (2024)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v7i1.181

Abstract

This paper examines the critical need to integrate the Global Protection Cluster (GPC) approach with local knowledge to improve the effectiveness of refugee aid programs. It analyses the foundational principles of the GPC method in conjunction with the valuable insights provided by indigenous knowledge systems, proposing a comprehensive model to align global strategies with local realities. The study highlights the multifaceted advantages of this integrated approach through an extensive literature review and illustrative case studies from various contexts, including Afghanistan, Jordan, Uganda, Ethiopia, and Indonesia. Particular emphasis is placed on the Rohingya refugee situation in Aceh, which serves as a pivotal case study demonstrating the transformative potential of incorporating local wisdom into program design. The paper advocates for a participatory model that prioritizes the active involvement of displaced communities in decision-making processes, ensuring that aid programs are culturally competent and responsive to refugees' specific needs. Key recommendations are provided for a wide range of stakeholders—policymakers, practitioners, organizations, and donors—emphasizing the importance of collaborative partnerships, adaptive program design, and community-led initiatives. The findings suggest that by embracing local knowledge and fostering inclusive participation, refugee aid programs can achieve greater sustainability and effectiveness, ultimately contributing to more resilient and empowered displaced populations.
Islamizing Environmental Law in Indonesia; Rethinking the Green Fatwa Najemi, Andi; Rapik, Mohamad
Jambe Law Journal Vol. 7 No. 1 (2024)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v7i1.290

Abstract

The enforcement of environmental law in Indonesia is inseparable from the existence of laws regulating the environment. However, the said law and its enforcement fail on a large scale to ask people to participate positively in environmental protection and conservation. The failure to apply and enforce the law has inspired many activisms to look at Islamic principles as the potential value to help the protection of the environment. In Indonesia, green fatwas have also been enacted to help address the issues. While many articles and academic works begin to propose Islamic environmentalism, this article goes even further by proposing the Islamization of environmental legislation. As a doctrinal study, this article relies on legal material related to the topic of green fatwas and environmental law. To sharpen the analysis, this article also employs social engineering theory. This article demonstrates dualism between the green fatwas and environmental law has resulted in the failure to attract people’s compliance. Therefore, the article recommends that assimilation between the green fatwas and the environmental law be made in the future politics of law concerning environmental law.
Striking A Balance Between Job Creation and Sustainability: The Need to Establish A True Environmental Protection Authority in Indonesia Dhiaulhaq AR, Muhammad Irfan; Heriyanto, Dodik Setiawan Nur
Jambe Law Journal Vol. 7 No. 1 (2024)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v7i1.317

Abstract

The passing of Law No. 6 Year 2023 on Job Creation has seriously damaged relations between humans and the environment. This statute still provides a lot of convenience and freedom for industry to carry out economic activities and does not pay much attention to the environment. The imbalance between economic activities and environmental sustainability is indicated by the simplification of environmental permits carried out by the government. The government tends to simplify the permit by decreasing the degree of environmental protection obligation documents before establishing business in Indonesia. Using normative legal research methodology, this research examines the suitability of Job Creation Law to the basic principles of environmental sustainability. Apart from that, this research also examines the need to establish an Environmental Protection Authority in Indonesia to make sure that any activities within the territory of Indonesia comply with the environmental protection obligation. The results of this research show that the Job Creation Law prioritizes business interests to expand employment opportunities and ignores environmental conservation efforts. The simplification of permits in the Job Creation Law will accelerate environmental damage without control by diminishing the obligation to fulfill Environmental Impact Assessment (AMDAL) for business actors. If this situation gradually spirals out of control, this research proposes the establishment of an Environmental Protection Authority as a forum to ensure that every business activity in Indonesia must pay attention to environmental sustainability.  Indonesia can learn from the practice of the developing country by empowering the Environmental Protection Authority to develop, supervise, and enforce environmental sustainability obligations.
Hungary’s AI Strategy: Lessons for Indonesia’s AI Legal Framework Enhancement Saputra, Beny; Hartati, Hartati; Bene, Olivér
Jambe Law Journal Vol. 7 No. 1 (2024)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v7i1.325

Abstract

This study analyses Hungary's approach to regulating artificial intelligence (AI) by analyzing their AI Strategy (2020-2030) and provides insights for improving Indonesia's legal framework. In Hungary, although there is no dedicated legislation for artificial intelligence (AI), the country places a high importance on adhering to current regulations to regulate AI technologies. This paper does a comparative analysis to evaluate the influence of Hungary's approach on the advancement of artificial intelligence (AI), the methods used to enforce regulations, the ethical principles followed, the safeguarding of data, and the extent of international partnerships. This research seeks to offer practical insights for enhancing Indonesia's legal infrastructure in the field of AI governance and technology regulation by comparing Hungary's regulatory landscape with Indonesia's current framework. The purpose of the research is to provide guidance to policymakers and stakeholders in Indonesia regarding effective tactics and best practices based on Hungary's experience. This will assist in enhancing Indonesia's regulatory framework for AI and technology
The Beginning of the Human Rights 5th Generation: A Lesson from Covid-19 Outbreak in Indonesia Al-Fatih, Sholahuddin; Aditya, Zaka Firma
Jambe Law Journal Vol. 7 No. 1 (2024)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v7i1.339

Abstract

This research tries to find the root cause of the spread of fake news during the Covid-19 pandemic in Indonesia. The Indonesian Ministry of Information and Communication recorded that there were 519 or 56% of the total 926 fake news during semester 1 of 2020. This figure doubled in October 2020 with a total of 1,028 fake news in the health sector especially dealing with Covid-19. Whereas, in the perspective of Human Rights, everyone has the right to get the correct information. This statement is guaranteed in Article 28F of the 1945 Constitution, Article 19 UDHR, and Article 19 of the ICCPR. These problems were then analyzed using a prescriptive method to find new concepts related to fake news to prevent a pandemic. This study indicates that the spread of fake news during the Covid-19 pandemic in Indonesia was greatly influenced by low literacy and public knowledge, lack of self-awareness, and a tendency to attack political opponents
Students' Perception of the Criminalization of Cohabitation (Kumpul Kebo) in Indonesia: From Quantitative to Normative Analysis Hafrida, Hafrida; Haryadi, Haryadi; Munandar, Tri Imam; Rakhmawati, Dessy; bt Ab. Kadir, Noor Aida
Jambe Law Journal Vol. 7 No. 1 (2024)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v7i1.340

Abstract

Living together as unmarried partners, commonly known as cohabitation or “kumpul kebo” in Indonesia, was not prohibited under the old Indonesian Criminal Code (KUHP). However, in light of Indonesia’s cultural emphasis on decency, cohabitation has recently been criminalized. According to Article 412 paragraph (1) of the New KUHP, cohabitation is now considered a criminal offense, punishable by a maximum fine of thirty million rupiahs and imprisonment for up to six months. This legal development sparked significant reactions among university students, who voiced their concerns during protests against the New KUHP. Debates continue regarding the legality of cohabitation, prompting this study to investigate the perception among students in Jambi Province regarding its criminal status. The findings indicate that 55.3% of the 340 respondents from local universities believe cohabitation should not be illegal. They argue that ethical considerations are more pertinent, suggesting that societal and moral sanctions against offenders suffice. Those who contest such views may resort to customary law for civil proceedings against offenders they deem to have transgressed societal norms
Narrating Recruitment Model for Legislator Candidates: Is It Fair? Mutawalli Mukhlis, Muhammad; Maskun, Maskun; Budiyanto, Budiyanto; Jumas, Jumas; Rahadian, Dian; Olemanu Lohalo, Georges
Jambe Law Journal Vol. 7 No. 1 (2024)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v7i1.345

Abstract

This research analyzes the problems of democratic and aspirational recruitment models and mechanisms for legislative candidates by political parties, aiming at formulating cadre-based recruitment arrangements that best represent democratic ideals. Using normative legal, conceptual, statutory and comparative approaches, this article argues that there are two principal recruitment problems. First, legal arrangement pertaining to methods, procedures, and requirements for the recruitment is generally absent from the statutory regulations.  Second, the internal process of decision-making within the political party is generally undemocratic, owing partly to the pragmatism and power-oriented calculation of the elites within the party. Recommendation for ideal recruitment arrangements is thus proposed to ameliorate these problems. Among others, the recruitment by political parties must consider aspects of representativeness, ideological consistency, internal political party flow, development of career path-based cadre systems, and quota fulfillment. Additionally, political party cadre needs training to boost their skills in carrying out main duties and functions as a member of the Board People's Representatives
Reassessing State Responsibility for Indigenous Rights to Natural Resources Based on Justice Principle Soelistyowati, Soelistyowati
Jambe Law Journal Vol. 7 No. 1 (2024)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v7i1.347

Abstract

Indigenous peoples' existence is intrinsically linked to their customary rights, with significant disputes arising over the formal recognition of these rights. However, conditional or partial legal recognition frequently disadvantages indigenous communities. The state has a responsibility to uphold the rights of indigenous peoples, necessitating regulations that effectively safeguard their land rights. This article examines the recognition and fulfilment of indigenous peoples’ rights to natural resources through legal analysis, conceptual frameworks, and case studies. The findings indicate that since 1998, there has been a governmental intent to formally recognize indigenous rights to natural resources, as reflected in various laws and regulations. However, the implementation of these rights has been challenging due to ambiguities in the 1945 Constitution and the related regulations. Effective fulfilment of Indigenous land rights must adhere to key principles, including recognition of jurisdictional areas, the right to self-determination, Indigenous consent, community involvement, and the provision of fair compensation
Guarding Privacy in the Digital Age: A Comparative Analysis of Data Protection Strategies in Indonesia and France Natamiharja, Rudi; Setiawan, Ikhsan
Jambe Law Journal Vol. 7 No. 1 (2024)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v7i1.349

Abstract

Personal data protection is a critical issue in the contemporary digital era, marked by a significant rise in data collection and processing by both governmental and private entities. Indonesia, with its recently enacted Personal Data Protection Law, faces substantial challenges in implementation and enforcement. In contrast, France, as an EU member state, adheres to the General Data Protection Regulation (GDPR), widely regarded as the global benchmark for data protection. This study employs a comparative analysis to examine the legal frameworks, enforcement mechanisms, and data subjects' rights in Indonesia and France. Data were gathered through an analysis of legal documents, policy reports, and case studies on regulatory implementation in both countries. The results reveal that while there are notable differences in regulatory approaches and specifics, both countries aim to safeguard individuals' data rights. France's GDPR provides a more comprehensive and structured framework, whereas Indonesia is in the nascent stages of developing and refining its data protection regulations.
Free, Prior, and Informed Consent Principles as Indigenous Peoples’ Right: Soft Law or Hard Law? Kusniati, Retno
Jambe Law Journal Vol. 7 No. 1 (2024)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v7i1.350

Abstract

Ensuring conformity between national laws and international law principles is crucial for states, particularly concerning the adoption of the Free, Prior, and Informed Consent (FPIC) principle to safeguard the natural resource rights of Indigenous Peoples. Numerous development initiatives proceed without indigenous consent, resulting in significant harm. Policies impacting indigenous communities should be established through prior consultation and their explicit endorsement to align with local wisdom and values. This paper explores the imperative to reevaluate the FPIC principle within legal frameworks. Using both conceptual and statutory analyses, it assesses whether FPIC constitutes a binding obligation with legal ramifications that necessitate incorporation into national law (hard law) or remains a non-binding guideline (soft law). The State’s role in implementing this principle to shield indigenous groups from detrimental development projects affecting their natural resources and cultures is scrutinized. The foundational ethos of FPIC is rooted in defending Indigenous Peoples’ entitlements to natural resources. Lastly, legislative recommendations are offered to define FPIC as a legal norm, ensuring legal certainty and guiding judicial decisions in upholding these rights

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